Does the Attorney General have any authority to deny a defendant a claim of instructional error by failing to object to the instruction at trial?
California, United States of America
The following excerpt is from The People v. Nguyen, B217405, No. GA070981, No. GA072098 (Cal. App. 2010):
The Attorney General responds that defendant forfeited his claim of instructional error by failing to object to the instruction at trial. Defendant concedes his failure to object, but argues that he may nevertheless raise the issue on appeal because it involves his "substantive rights," citing, inter alia, People v. Flood (1998) 18 Cal.4th 470, 482, footnote 7.5
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